Tv return

neilmcl

Flyboy152 wrote: »

Section 3 of the The Consumer Protection (Distance Selling) Regulations 2000 and the OFT's own guidance.

But then I didn't write that it negates the consumer's DSR rights, only their right to cancel under regulation 10.

You'll have to quote it for me because I can't see where it states having a look at an item instore one day then deciding to purchase it online is not covered by the DSRs.

derrick

neilmcl wrote: »

You'll have to quote it for me because I can't see where it states having a look at an item instore one day then deciding to purchase it online is not covered by the DSRs.

[FONT=&quot]OFTs BUSINESS GUIDE TO DSR [/FONT]

Page 7. 2.13

Would the DSRs apply where a consumer has examined
goods in my shop and then orders the same goods from me
via distance means?
2.13 This depends on the circumstances, but we consider the DSRs would
not normally apply where a consumer examines goods at your
premises and later orders those goods by distance means, even if the
goods are slightly different, for example, ordered in a different colour
from those actually examined.


.

neilmcl

It might say that in the guide but I can't see anything in the actual legislation to support this.

Simply looking at something instore doesn't form a contract, so if your order online at a later data then the entire contract is carried out via distance means and the DSRs would apply.

vyle

The HX823 is a pretty decent set and does 3d....how did they convince you on passive 3d over going for 2d when you were going to buy an active 3d set? they ALL do 2d....

Flyboy152

neilmcl wrote: »

It might say that in the guide but I can't see anything in the actual legislation to support this.

Simply looking at something instore doesn't form a contract, so if your order online at a later data then the entire contract is carried out via distance means and the DSRs would apply.

http://www.legislation.gov.uk/uksi/2000/2334/regulation/3/made

“distance contract” means any contract concerning goods or services concluded between a supplier and a consumer under an organised distance sales or service provision scheme run by the supplier who, for the purpose of the contract, makes exclusive use of one or more means of distance communication up to and including the moment at which the contract is concluded;

The relevant phrase in that definition is, "makes exclusive use."

neilmcl

Flyboy152 wrote: »

http://www.legislation.gov.uk/uksi/2000/2334/regulation/3/made



The relevant phrase in that definition is, "makes exclusive use."

I can see that but going to view an item in a shop beforehand doesn't form any part of a final contract.

It's not like you examined some goods, told the retailer to reserve them and then conclude the purchase later via distance means, which I would agree would not be covered.

It's like saying that anyone viewing a TV on a John Lewis shop floor, for example, would not be covered by the DSRs if at a later date they went on to buy the same model from John Lewis online. It simply wouldn't happen.

Flyboy152

neilmcl wrote: »

I can see that but going to view an item in a shop beforehand doesn't form any part of a final contract.

It's not like you examined some goods, told the retailer to reserve them and then conclude the purchase later via distance means, which I would agree would not be covered.

It's like saying that anyone viewing a TV on a John Lewis shop floor, for example, would not be covered by the DSRs if at a later date they went on to buy the same model from John Lewis online. It simply wouldn't happen.

What do you think "exclusive" means?

shaun_from_Africa

Would the DSRs apply where a consumer has examined
goods in my shop and then orders the same goods from me
via distance means?

2.13 This depends on the circumstances, but we consider the DSRs would not normally apply where a consumer examines goods at your
premises and later orders those goods by distance means, even if the
goods are slightly different, for example, ordered in a different colour
from those actually examined.

But there is one inportant bit in the above advice.

"Would the DSRs apply where a consumer has examined
goods in my shop and then orders the same goods from me
via distance means?"

If you examined the goods in a Currys shop and then place the order online with Currys.co.uk, you may well be able to argue that as you didn't place the order with the same shop (The same chain, but not the same shop) that you examined the goods in, that particular exemption doesn't apply.